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Accolades and Thank You's

I recently read a great article on the subject (of decks).  Small world?  It is your article in my February 2010 issue of The Journal of Light Construction. In fact I color scanned it and may risk violating copyright laws by distributing copies to boards who are plagued with elastomeric deck problems and need to think about tearing them out and starting over.  Attorney Glenn Youngling 2/21/2010

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    Sample Resolution

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    Deck Maintenance Policy

    HOA's in particular need to adopt a policy that establishes rules and responsibility for deck maintenance and care. Apartment complexes also need to have rules for the use of the decks as well. By establishing a policy that breaks down what the HOA or Apartment Complex responsibilities are and what the tenants or resident's responsibilities are , allows you to take control and have recourse should damages occur to the deck due to something the resident has done. Establishing policies allows the manager to concentrate on their duties, following the procedures and policies of the corporation, and helps eliminate hassles later on when a resident claims they didn't know they weren't supposed to do something. Including this policy in with the annual mailing of important documents is suggested for HOA's. For Apartment complexes, when signing a lease with a new tenant, the rules should be incorporated into the lease by reference and providing a copy to them With a lease renewal, that should trigger an inspection of the deck and providing the tenant with a new copy for their files. HOA's need to check their CC&R's and any other governing documents to ensure their rules are compatible with these documents.

    Lastly, we will again strongly discourage HOA's that want to assign the responsibility of deck maintenance to the owners, especially for decks over living spaces. Our opinion is that decks over living spaces are roofs first, decks second. Look at any deck coating manufacturer's technical manual and they invariably have approval for their deck system to be rated as a roof covering, just like asphalt shingles, tiles and steel roof coverings are. All to often I have seen the aftermath of poorly thought out revisions to the CC&R's assigning responsibility to the owner for maintenance. Very often the revision does not cover who is responsible for damaged framing or interiors due to an owners failure to maintain. Very often owners don't know how to maintain the decks, who to call to maintain it for them and it is even more difficult to actually get someone to come out to reseal or repair a deck measuring 125 square feet.

    The Association is usually responsible for roof maintenance and replacement, they should be responsible for maintenance and and replacement of the decks too; taking advantage of the power of bulk buying.

    Use the sample policy below to use as a guide to write your Associations Resolution adopting rules and regulations for your decks. As always, use your attorney for advice and guidance in implementing such to ensure they are in compliance with your governing documents.

    Feel free to copy and paste our sample resolution to use as a template. Need help writing rules and regulations that conform with your deck coating manufacturer's maintenance instructions? We can help you, This e-mail address is being protected from spambots. You need JavaScript enabled to view it for information on this service. Our library of Technical Manuals from over 15 manufacturer's gives us instant access to the information you need.

    See our Deck Maintenance Schedule too for scheduling maintenance tasks.

    Sample Deck Maintenance Policy/Resolution

    Where as, the Board of Directors of HOA, have caused the decks to be replaced at great expense and great disruption and;

    Whereas, the Board of Directors wishes to maximize the deck coatings expected life span of years to its fullest potential and;

    Whereas the Association has been granted a warranty by the manufacturer or installer for X

    years, contingent upon certain conditions being met, including the periodic resealing of the top coat and proper precautions being taken by the end user of the deck and;

    Whereas, the Board of Directors, upon a vote, adopted and approved the following attached rules for use and assigning responsibilities upon the Association and the owner/resident and;

    Whereas The Board of Directors has adopted a maintenance policy that the Association shall, without fail, reseal the surfaces of the decks every X years, now therefore;

    The following attached rules and regulations are hereby adopted as part of the Associations Established Resolutions & Policies (or whatever name you have for this type of file).

    Rules and Regulations

    Responsibilities of each party:

    HOA-The HOA shall, as part of this policy, cause the decks the Association is responsible to maintain as defined by the appropriate governing documents, those decks, walkways etc. in the common areas or restricted common areas to be cleaned and resealed every ____ years. In accordance with the CC&R’s and other governing documents, policies etc., the Association shall also take care of any contigious building materials that may be it’s responsibility to maintain that exhibit any signs of needing maintenance or as scheduled in the reserves. This is to help assure that water does not intrude into the living spaces.

    Common decks accessible by all-the HOA shall cause the decks to be cleaned on a monthly basis. The Association shall inspect and clean the scuppers and drains monthly from October to May.

    Owner- The owner or resident of the unit shall, as part of this policy, maintain the decks in the manner prescribed in the maintenance schedule adopted as part of the rules and regulations.

    1. No indoor/outdoor carpeting shall be ever placed on the deck surface. Water can be trapped underneath and cause damage to the surface and waterproofing layers.
    2. No rubber backed mats, only jute or other breathable mats may be used. Water can be trapped underneath and cause damage to the surface and waterproofing layers.
    3. Potted plants must be placed onto devices that lift the pot up off the deck to allow water to dry off the deck surface. Pots in direct contact with the deck surface are not allowed.
    4. Grills-must have a pan underneath them to catch hot coals and grease. You are responsible for any costs to repair your deck due to burns.
    5. Tables and chairs musty have tips on the legs (or be non marring legs) or have caster cups underneath them so that the coating is not cut or damaged.
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